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Oct 14, 2012 12:15am EDT
held that there is no more affirmative action in higher education after 2028? >> no, i don't. >> was that the holding of grutter? >> i agree it might, but i want to get to the question, see what i'm trying to pinpoint, because we have such a limited time. and to me, the one thing i want to pinpoint, since you're arguing on that this satisfies grutter if properly understood, as you say that. in looking up, we have a two- court rule. and two courts have found, it seems to me. that here there is a certain -- there is no quota. it is individualized. it is time limited. it was adopted after the consideration of race-neutral means. each applicant receives individual consideration, and race did not become the predominant factor. so i take those as a given. and then i want to know what precisely it is that grutter required in your opinion that makes this different from grutter, in that it was not satisfied here? the ones i listed two courts say are the same. so maybe there's some others. >> i am not sure we agree with those courts. >> we have a rule that two courts say it, we are r
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